Updated March 01, 2024
A Kentucky custody agreement is a parenting plan that outlines separated parents’ rights and responsibilities regarding legal decision-making and residency of a shared child. The ultimate goal is to create an arrangement that serves the child’s best interest. The court’s baseline presumption is that joint custody and equally shared parenting time are in the child’s best interest unless other concerning circumstances exist.
Child Custody Factors
The Kentucky court considers all the following factors when constructing a custody agreement with the highest priority for the child’s best interests.
- Child’s and parents’ mental and physical well-being;
- Child’s preferences;
- Child’s relationships with each parent;
- Child’s relationships with other members of each household;
- Each parent’s involvement in the child’s daily care before, during, and after legal separation or divorce;
- Parents’ individual preferences;
- Parents’ intentions and motivations;
- The proximity of parents’ homes and workplaces to the child’s school and extracurricular activities;
- Whether both parents can respect and support each other’s relationship with the child; and
- Whether or not either parent ever committed domestic violence or abuse.
Statute: § 403.270
Table of Contents |
How to File for Custody in Kentucky
For a parent to file for custody of a child, the child must have lived with the petitioning parent for at least six months if the child is under three years of age or at least one year if the child is three years old or older.[1]
The petitioning parent can follow these steps to formally serve the secondary parent with a custody proceeding.
1. Agree on a Parenting Plan
It is highly recommended that parents try to reach an agreement on the terms of custody prior to filing. If the court finds that the agreed-upon parenting plan is in the best interest of the child, it is likely to adopt it as an official order. On the other hand, if parents are unable to agree on a parenting plan, the court is likely to employ an investigator to determine for itself what is in the child’s best interest.
2. Calculate Child Support
In Kentucky, child support is determined by state guidelines.[2] It will typically use the combined income of both parents and the number of children to determine child support obligations. The Kentucky Child Support Estimator can be used to estimate the amount of child support that will be ordered by the court.
3. Complete Required Forms
Download and complete three copies of the following forms:
- Form AOC-104: Civil Case Cover Sheet;
- Petition for Custody and Parenting Time (p. 37 of PDF, signature requires notarization); and
- Form AOC-105: Civil Summons (don’t sign in advance).
4. File Forms with Local County Clerk
Bring all three copies of the documents to the local Kentucky county clerk’s office. The clerk will certify the papers and file one copy. They will return the second copy to the petitioner for their files. The third copy is served to the secondary parent (step 4).
5. Notarize and Serve Summons on Second Parent
Sign the Civil Summons in the presence of a notary public before serving. The petitioner can serve the documents to the second parent in person or through certified mail. If they’d prefer not to handle the service themselves, they can retain the county sheriff’s or constable’s assistance to serve the Summons to the second parent.
The summons includes instructions on how to file the required response within 20 days of receiving it.
Custody Laws
- Best interests of the child: § 403.270(2), § 403.315
- Child’s preference: § 403.290(1)
- Denial of offending parent’s rights when a child is a product of felony sexual offense or homicide: § 403.322, § 403.325
- Emergency custody: § 403.828
- Power of Attorney (One-Year): § 403.352
- Power of Attorney for Temporary Delegation of Parental or Legal Custody and Care (Form): § 403.353
- Safe Child Drop-Off Location: § 403.355
- Temporary custody orders: § 403.280
- Uniform Child Custody Act: § 403.800
- Visitation: § 403.320
Related Forms
